The Supreme Judicial Court of Massachusetts heard arguments this month in an appeal of a couple’s convictions for criminal harassment. Gail Johnson was convicted of criminal harassment and spent six months in jail. Her husband, William Johnson, was convicted of falsely reporting abuse to the Department of Family Services and criminal harassment, and was imprisoned for eighteen months. Both appealed their convictions, claiming their conduct was protected by the right to free speech under the First Amendment to the United States Constitution.
The Conduct of the Williams Couple
The Williams couple maintained a long-standing, on-going dispute with their neighbors, Jim and Bernadette Lyons. In 2008, the Williamses perpetrated a number of hoaxes against their neighbors. They allegedly did the following with the help of a third party:
· Posted false advertisements on Craigslist for free golf carts for the taking from the Lyons yard. drawing numerous strangers to the Lyons’ yard and house;
· Posted false ads for a Harley Davidson motorcycle that caused numerous people to call the Lyons house late at night;
· Signed Jim Lyons up to donate his body to science;
· Posted comments on various websites using Jim Lyons’ identity;
· Signed Jim Lyons up for membership in various organizations, including those involving magic, transsexuals, bisexuals, and nudists;
· Sent the Lyons a letter that appeared to be from a former employee, accusing Jim of sexual molestation, and threatening criminal charges;
· Sent the Lyons an email from an anonymous sender with the statement, “Remember, if you aren’t miserable, I ain’t happy!’’ and included social security numbers and other personal information;
· Called the Department of Family Services and reported that Jim Lyons physically abused his son, which caused a child protection worker to go to their house to investigate the claim.
In Massachusetts, criminal harassment charges may apply if a person intentionally engages in repeated behavior over time that causes the victim—and would cause a reasonable person—alarm and substantial emotional distress. The Williamses both claim that their actions were not threatening or fighting words, and were therefore protected by the First Amendment right to free speech.
We will keep an eye on the Supreme Court’s decision in this case, and will keep you updated on any new interpretations of Massachusetts criminal law.
Contact an Experienced Massachusetts Criminal Defense Attorney for Assistance
If you are facing criminal charges, never risk a wrongful conviction by attempting to represent yourself. You should always seek out an experienced attorney to defend you in court. Edward R. Molari is an experienced criminal defense attorney who provides the highest quality of representation for clients in the Boston and Attleboro areas. Please do not hesitate to call today for help with your case.